Moath Hamza Ahmed al-Alwi is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.

[4] In January 2010, the Guantanamo Review Task Force recommended he should be classed as a "forever prisoner", one who has not committed a crime but is too dangerous to release.

[6] Al-Alwi was captured in Pakistan during Operation Enduring Freedom and transferred to the Guantanamo Bay detention camp in January 2002.

Following the Supreme Court's ruling, the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.

[10] Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations, with al-Alwi listed as one of those:[11] Al-Alwi first petitioned the United States District Court for the District of Columbia for a writ of habeas corpus in 2005, arguing he was not an enemy combatant.

[12] In a separate ruling, the court also found that Hisham Sliti, "were part of or supported the Taliban", and thus could continue to be held in US custody.

[13][14][15] The New York Times called the two rulings: "the first clear-cut victories for the Bush administration", while Andy Worthington noted they represented a "disturbing development".

[16] Glaberson reported that Leon stated he did not have to take a position on the Bush administration's claim Al Alawi was an Osama bin Laden bodyguard, that there was enough evidence he had supported the Taliban to confirm his designation as an "enemy combatant".

[6] Al-Alwi then filed a new petition for habeas corpus, arguing that the government's authority to detain him “unraveled” when President Obama declared an end to hostilities.

[7][21] On April 25, 2011, whistleblower organization WikiLeaks published formerly secret assessments drafted by Joint Task Force Guantanamo analysts.

When it reported back, a year later, the Joint Review Task Force classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them.

[30] Carol Rosenberg, of the Miami Herald, wrote that the recommendation from his Periodic Review Board concluded that he was "probably not" one of Osama bin Laden's bodyguards, but that he seemed to have "spent time with" them.